Islands Of Sovereignty
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| Author | : Jeffrey S. Kahn |
| Publisher | : University of Chicago Press |
| Total Pages | : 373 |
| Release | : 2019-01-03 |
| Genre | : Law |
| ISBN | : 022658741X |
In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.
| Author | : Dieter Grimm |
| Publisher | : Columbia University Press |
| Total Pages | : 186 |
| Release | : 2015-04-21 |
| Genre | : Philosophy |
| ISBN | : 0231539304 |
Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.
| Author | : John G. Butcher |
| Publisher | : NUS Press |
| Total Pages | : 556 |
| Release | : 2017-03-24 |
| Genre | : History |
| ISBN | : 9814722219 |
Until the mid-1950s nearly all the waters lying between the far-flung islands of the Indonesian archipelago were as open to the ships of all nations as the waters of the great oceans. In order to enhance its failing sovereign grasp over the nation, as well as to deter perceived external threats to Indonesia’s national integrity, in 1957 the Indonesian government declared that it had “absolute sovereignty” over all the waters lying within straight baselines drawn between the outermost islands of Indonesia. At a single step, Indonesia had asserted its dominion over a vast swathe of what had hitherto been seas open to all, and made its lands and the seas it now claimed a single unified entity for the first time. International outrage and alarm ensued, expressed especially by the great maritime nations. Nevertheless, despite its low international profile, its relative poverty, and its often frail state capacity, Indonesia eventually succeeded in gaining international recognition for its claim when, in 1982, the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” and declared that these states had sovereignty over their “archipelagic waters”. Sovereignty and the Sea explains how Indonesia succeeded in its extraordinary claim. At the heart of Indonesia’s archipelagic campaign was a small group of Indonesian diplomats. Largely because of their dogged persistence, negotiating skills, and willingness to make difficult compromises Indonesia became the greatest archipelagic state in the world.
| Author | : Lilian Yamamoto |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 318 |
| Release | : 2013-10-25 |
| Genre | : Law |
| ISBN | : 3642381863 |
Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.
| Author | : Monique Chemillier-Gendreau |
| Publisher | : BRILL |
| Total Pages | : 273 |
| Release | : 2021-10-18 |
| Genre | : Law |
| ISBN | : 9004479422 |
This exceptional volume deals with the hotly contested legal status of the Paracels and the Spratlys, two inhospitable archipelagos located in the South China Sea, sovereignty over which is disputed by several states. The author investigates the contribution which international law can make towards determining the rights of all parties involved. In order to do so she goes back into history to find out at each stage what the actual situation was and what its legal significance was in terms of the legal categories of the time. The originality of this work, compared to others already published on this topic, lies in its analysis of the valuable French archives. Not only these archives, but also existing legal writings have served as a basis for the investigation into the status of the archipelagos. The book sheds new and significant light on this important question.
| Author | : D S Ranjit Singh |
| Publisher | : ISEAS-Yusof Ishak Institute |
| Total Pages | : 262 |
| Release | : 2019-11-26 |
| Genre | : Political Science |
| ISBN | : 9814843644 |
In 2002, ASEAN made history when two of its founder members—Indonesia and Malaysia—amicably settled a dispute over the ownership of the two Bornean islands of Sipadan and Ligitan by accepting the jurisdiction of the International Court of Justice (ICJ) which ruled in favour of Malaysia. The case at once assumed great significance as a beacon of hope for the region which is plagued by numerous disruptive territorial disputes. As both the historical evidence and legal milieu are vital considerations for the ICJ to award sovereignty, this book covers in detail the historical roots of the issue as well as the law dimension pertaining to the process of legal proceedings and the ICJ deliberations. The work concludes by offering a set of guidelines on cardinal principles of international law for successfully supporting a claim to disputed territories. These may be usefully utilized by interested parties. “An invaluable account of the dispute between Malaysia and Indonesia over the Sipadan and Ligitan Islands. Written skilfully by a historian who is in clear command of the facts. Highly recommended for anyone who wishes to understand border disputes in Southeast Asia.”—Professor James Chin, Director, Asia Institute, University of Tasmania
| Author | : Lauren Benton |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2009-11-30 |
| Genre | : History |
| ISBN | : 1107782716 |
A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
| Author | : Sean D. Murphy |
| Publisher | : BRILL |
| Total Pages | : 383 |
| Release | : 2019-03-25 |
| Genre | : Law |
| ISBN | : 9004361545 |
This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
| Author | : T. Alexander Aleinikoff |
| Publisher | : Harvard University Press |
| Total Pages | : 321 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 0674020154 |
In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
| Author | : Zvi Ben-Dor Benite |
| Publisher | : Columbia University Press |
| Total Pages | : 538 |
| Release | : 2017-06-13 |
| Genre | : Philosophy |
| ISBN | : 0231171870 |
What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been based or renewed, the public stages on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin’s corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of “the people” in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book’s contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations.
